As of today, the State Department has confirmed that Sec. Clinton violated the internal policies and the Federal Records Acts by not complying with the mandatory storage and filing of personal emails. Her defense to the breach of Executive Order 13526 and 18 U.S.C Sec. 793(f) consists of the following (with rebuttals):
1) I did not know the communication was “confidential.”
Apart from the fact that EO 13526 covers all Department communication, confidential or not, it is impossible not to know that the communication is confidential. I worked for the European Union as well as CIA and in both capacities, I had to sign twice “under oath” when receiving anything even marginally confidential. This argument Sec. Clinton is trying to make is absurd.
2) I sent most of my emails to government officials, thus they are stored on their hard-drives.
Yes, but they were still stored on your bathroom sever outside State Department’s security purview. Obviously, we know that when we are sending emails to other people, our emails are stored in the “sent” folder on the computer, thus susceptible to hacking (especially if your server is in someone else’s bathroom, as was the case with Madam Secretary).
3) State Department technology was inadequate, thus I had to use my own to make my communication faster and “more convenient.”
Department of State expended $68mil last year on its internal expenditures including technology and email. Is that not sufficient to have updated computers and servers? Further, if preserving our national security is inconvenient for your high-paying perk-laden position, maybe you should not do the job.
4) No-one told me.
This is a typical socialist excuse: you are a cog in the wheel, part of the system, and there is always someone else to blame… Except, in this case, Secretary Clinton was the top honcho who was in charge of the policies. Two FBI agents spent two hours explaining to her the State Department’s email and privacy policies, upon which she signed the Oath informing her of the severity of consequences should she breach SCI (Secure Compartmentalized Information) laws. What is more, when a member of her staff voiced concerns about violating email policies they were told to keep quiet and “never speak about Madam Secretary’s email’s again!”
5) Others did it.
This is another typical socialist excuse: “Everybody is stealing, why not I? If I don’t steal from others, I am stealing from my family.” However, let us examine all prior Secretaries of State who had access to emails: Madeleine Albright never used any email. Condoleezza Rice never used any email (private or Department’s). Secretary Colin Powell wanted to show the Department they should move ahead with technology, he used private email only sometimes because the Department network did not reach outside the building at the time and he could only send email to another agency from a personal email. Thus, he had a special line installed in his office. It was inspected by the Department’s security and under surveillance. All his emails were filed with the Department – a far cry from Clinton’s bathroom server which no-one in the Department knew about! Finally, Secretary John Kerry has always printed out and filed his personal emails with the Department, pursuant to President Obama’s 2009 regulations.
In conclusion, Secretary Clinton breached Sections 793, 794, 798 and 952, Title 18 United States Code, Section 1236.22 of the 2009 National Archives and Records Administration (NARA) requirements. In particular, her repeated violations of the Espionage Act constitute knowing disregard of the law, which means she acted recklessly which, under given criteria, amounts to gross negligence, standard necessary for prosecution.